John McKeown – Goldman Sloan Nash & Haber LLP

De Minimis Sampling and Copyright

A recent decision the United States Court of Appeals for the Ninth Circuit found that Madonna’s song Vogue was not infringing as a result of a horn segment sampled from another song…more

No Copyright in Facts

A recent decision of the Federal Court has found that a novel did not infringe the copyright in a documentary.…more

Developing a Filing Strategy for Industrial Designs

In November of 2013 we discussed a trial decision in an industrial design case that dealt with a novel yet important issue of law. Since that time, the case has gone all the way to the United Kingdom Supreme Court, the United…more

Federal Court of Appeal Takes a Firm Stance against Counterfeiters

A recent decision of the Federal Court of Appeal sends a clear message to those who engage in the sale of counterfeit goods.…more

Federal Court of Appeal Confirms that Goodwill can Exist without Carrying on Business in Canada

A recent decision of the Federal Court of Appeal clarifies some basic principles concerning establishing goodwill and proof of foreign law and jurisdiction…more

The Glee Club

A recent decisionof the United Kingdom Court of Appeal has confirmed that “wrong way around confusion” occurred in the GLEE case.…more

Product Shape and Distinctiveness

A recent decision of the UK High Court concluded that the shape of KIT KAT chocolate bar was not registrable as a trademark. …more

A Registered Trademark Cannot be Clearly Descriptive of the Place of Origin of the Goods

A recent decision of the Federal Court of Appeal clarifies when a trademark consisting of a geographic name is unregistrable…more

The Registrability of the Trademark Consisting of an Acronym

A recent English decision found that a trademark consisting of three letters, which were an acronym for a descriptive term, was invalid…more

Judicial Comity in the Federal Court

A recent decision of the Federal Court provides some interesting comments concerning judicial comity in the Federal Court.…more

The Meaning of Trademarks

A recent decision of the Federal Court gave significant emphasis to the meaning of the trademarks in dispute in determining whether confusion existed.…more

The Impact of Concurrent Use of Allegedly Confusing Trademarks

A recent decision of the Federal Court dealt with a claim for passing-off and trademark infringement.…more

The Importance of the Evidence in Trademark Cases

A recent decision of the Federal Court shows how important the facts are in cases relating to trademarks.…more

Showing Use Under the Trademarks Act

A recent decision of the Federal Court of Appeal appears to set a fairly high standard for the quality of evidence required in s. 45 proceedings. …more

How to Approach an Appeal to the Federal Court from the Trademark Opposition Board

A recent decision of the Federal Court provides a reminder of the correct approach to be followed concerning appeals from the Trade Mark Opposition Board…more
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